The Demand for Applying a Measure of Restraint in Respect of an Accused as a Reason for Rash and Unsubstantiated Charges

The article is devoted to a critical analysis of one of the conditions for the legality of the use of preventive measures in criminal proceedings, which presupposes the priority of their selection in relation to the accused. Attention is drawn to the inconsistency of this condition with the grounds for pre-trial criminal prosecution, which leads to the vicious practice of bringing forward premature and not properly substantiated charges. As a result, this condition is assessed as a normative anachronism subject to abolition. At the same time, it is proposed to choose a preventive measure on a general basis in relation to the suspect.